The Principle and the Social Law

Abstract

The author proves that in view of the development of the science about human rights the Catholic social doctrine considers the issue of social principles at a larger basis. These principles are not prima principia in St. Thomas Aquinas’ terms, but rather they are drawn from these prima principia, as for instance the principle of auxiliarity. They bear an ontological, legal and moral character. J. Messner calls the principle of auxiliarity "the law of auxiliarity", A.F. Utz "the general and fundamental law", K. Vasak includes solidarity in the laws of the third generation. The author thinks that each social principle has its equivalent in the personal law of man and its equivalent in man’s duties. Developing his analyses, the author pinpoints that social principles are drawn from man’s nature and from the nature of social and economic life. He thinks that on construing the hierarchy of social principles one should take into account the socio-economic context. The author includes in the basic social principles the principle of freedom, auxiliarity and solidarity.